- The amended Article 2, 9 and amended name of this Essentials of Establishment were promulgated by the Directorate General of Telecommunications, Ministry of Transportation and Communications, on May. 12, 2004, Ref. the Order Dian Hsin Gong No. 09305040160 (original name: Essentials of Establishment on Universal Service Fund Administration Commission)
- Essentials of Establishment promulgated by National Communications Commission on March 2, 2007, Ref the Order Tong Chuan Ying No. 09605021460
Essentials of Establishment on Universal Service Fund Administration Commission(March 2, 2007)
- This point is stipulate by Paragraph 1 of Article 27 in A Regulations on Telecommunications Universal Service (hereinafter referred to as these Regulations).
- The National Communications Commission (hereinafter referred to as “the NCC”)shall administrate the items related to Universal Service Fund of Telecommunications Business to establish specially Administration Commission of Universal Service Fund (hereinafter referred to as Administration Commission).
- Management commission shall have 13 to 15 members, one of shall be chairperson, which shall be concurrently acted by chairperson of the administrative authority; the other members of management commission shall be the commissioners assigned by the chairperson of the administrative authority or chosen among the representatives of institutes, scholars or experts.
- Director Member shall convene Administration Commission Conference and serve as chairman. When Director Member can’t attend a conference, he/she shall nominate one member to act for chairman. If a deputy isn’t nominated, members who attend a conference shall mutually elect one of them to represent.
- The term for membership of Administration Commission is one year. When the term of membership is expired, there shall depend on a demand to continue inviting; if members can’t execute their duties in membership owing to an accident, the NCC shall invite other members to fill a vacant position until the term of original membership is due.
- Administration Commission Duties:
(1)A Review of Annual Implementation Proposal for Universal Service
(2)A Review of Allowance Application for Universal Service
(3)A Review of Turnover Declared by Expense Sharer of Universal Service
(4)Business Accounting of Rate and Amount for Universal Service Fees that shall be shared by Expense Sharer of Universal Service
(5)A Review of Revenue and Expenditure for Universal Service Fund of Telecommunications Business
(6)An Estimate of Operational Effects for Universal Service
(7)Other Items related to Telecommunications Universal Service.
- In order to cooperate with a requirement of operation for Administration Commission, the NCC shall establish a working group to conduct the following items of administration:
(1)Conference Agenda to Edit, Inform Coordination, Link and Record.
(2)Proposal and Announcement of Implementation Plan for Universal Service to Receive.
(3)Application and Announcement of Allowance for Universal Service Providers to Receive.
(4)Declaration and Announcement of Annual Turnover for Expense Sharer of Universal Service to Receive.
(5)Rate and Amount for Universal Service Fees that shall be shared by Expense Sharer of Universal Service to Categorize and Promulgate.
(6)Items of Suspicion that are Explained by Policy with Legal Institutions.
(7)Items to Take Care of Revenue and Expenditure for Universal Service Fund.
(8)An Annual Final Statement of Universal Service Fund to Draw Up.
(9)Other Business Matters.
The NCC shall conduct the items above-mentioned. If necessary, the NCC shall employ a temporary member of the staff to assist in conducting.
- Members of Administration Commission shall not give a position. However, they shall pay review fee, traffic fee or research fee pursuant to the regulations.
Expenses in the proceeding paragraph and expenses required for administrative operation of Administration Commission shall be necessary administrative expenses in the expense of universal service, which is paid by Telecommunications business Universal Service Fund.
A payment standard of necessary administrative expenses in the proceeding paragraph shall be as follows:
(1)Review Fee of Implementation Plan for Universal Service : Each member shall pay 30000 NTD to review the following items:
(i)A Review of Implementation Plan for Universal Service of Uneconomic Area Telephony
(ii)A Review of Implementation Plan for Universal Service of Uneconomic Public Telephony
(iii)A Review of Implementation Project for Telecommunications Universal Service on Data Transmission
(2)Research Fee: Each member shall pay 2000 NTD every time in accordance with members and times that attend conference.
(3)Traffic Fee: Shall attach a receipt to write off.
(4)Expenses of Administrative Operation shall attach a receipt to write off.
(5)Except for that Implementation Plan of Universal Service is reviewed every year and necessary administrative expenses are paid since 2003, each member shall pay a review fee of 20000 NTD to review the following items:
(i)A Review of Allowance Application for Universal Service
(ii)A Review of Turnover Declared by Expense Sharer of Universal Service
(iii)Business Accounting of Rate and Amount for Universal Service Fees that shall be shared by Expense Sharer of Universal Service
(iv)A Review of Revenue and Expenditure for Universal Service Fund of Telecommunications Business
(v)An Estimate of Operational Effects for Universal Service
(vi)Other Items Related to Telecommunications Universal Service.
- Administration Commission shall depend on the requirement for a review of the applied (declared)case to convene a Commission conference by Director Member and comply with the following regulations:
(1)Members shall attend a Commission conference personally and shall not appoint others to represent.
(2)Each conference shall exceed half of members to attend and agree with half of members who attend a conference to start a resolution. However, if the specific items are resolved by a conference of Administration Commission, above 2/3 of members shall attend or resolve, or shall comply with the resolution or regulations required by Operation Essentials of Administration Commission for Universal Service Fund.
(3)Administration Commission shall invite specialists, scholars, organization representatives or related Operators to state opinions in a conference.
(4)Every Administration Commission conference shall write a record.
- Members shall stand on a fair and objective position to exercise their duties independently. If one of the following situations is occurred, members shall refuse involvement in by his or her own or Administration Commission shall resolve to refuse involvement in and shall not participate in a review of that case:
(1)Member or spouse and ex-spouse who is an applicant’s director, supervisor, manager, consultant or a natural person stockholder who hold stocks above 5% of equity capital.
(2)Member and applicant’s director, supervisor or manager and consanguinity, in-laws or this relationship before long .
(3)Member or spouse and ex-spouse who exists mutual obligee, mutual obligor or others with a direct relationship of interests for that applied (declared)case.
(4)Those who are or have been applicant’s deputy and guide for this applied (declared)case.
(5)Witness identifiers, accountants and partners who have been involved in visa or verification for that applied (declared)case.
- Members, working team and staffs who attend a Commission conference shall keep secret for the contents and the related items of Commission conference. Information indicated by Providers that shall keep secret without the regulations shall not disclose. However, applicants who have made public of the applied (declared)case by his/her own shall not limit herein.
- If members occur one of the following situation, the NCC shall stop their deputies or dismiss their membership and must invite others as the successor:
(1)Those who shall require for the behavior of member’s deputy, period of contract, bribery or other oblique interest.
(2)Those who shall avoid conflict of interest in Point 10 by them own but not avoid.
(3)Those who are provided with the concrete facts that sufficiently carry out their duties to occur a bias.
(4)Those who can’t carry out membership owing an accident.
- If members are not suitable to continue acting as a member owing to a change of deputy, they shall give the dismissal.